State of Washington

Ethics Advisory Committee

Opinion 19-02

Question

Our Volunteer Attorney Services (VAS) office is holding an evening gala this year.  Part of the event will be silent and live auctions for various items.  Proceeds will benefit the VAS office, which locally coordinates civil legal aid for low income people.  It is a non-profit entity formed by the local bar association.  The VAS Board always includes one judge.

The judicial officer is considering donating a one to two hour drinks and hor d'ouerves event for six to eight people in the new home of the judicial officer and spouse, which has a 360 degree view of the surrounding area and is a fun place to experience. This would be offered as a live auction item. The judicial officer will attend the event but the spouse will not attend.

Can the judicial officer donate the auction item?  Would it make any difference if it was offered as being donated by the judicial officer's spouse?  It is a small legal community so it is likely that everyone will know the event will be at the residence shared by the judicial officer and the judicial officer's spouse.

Answer

CJC 3.1 provides that judges may engage in extrajudicial activities as long as the activities do not undermine the judge's independence, integrity, or impartiality. CJC 3.7(B) prohibits judges from soliciting contributions for an organization or entity, with the exception of members of the judge's family or other judges over whom they do not exercise supervisory or appellate authority.

A judicial officer may not participate in solicitation for fund-raising, either directly or indirectly. Therefore, the judicial officer's name should not be associated in any way with a charity auction and an item donated by a judicial officer should not be attributed to the judicial officer.

The judicial officer's spouse is not prohibited from donating to the auction. However, if the gift or service they are donating features the shared residence, includes personal interaction with the judicial officer, and members of the legal community are aware of the judicial officer's participation in the donated event, eliminating the judicial officer's name from the donation does not resolve the issue. Although mere attendance at a fundraising event is not prohibited, the donation of an event in the shared residence in a small legal community creates an appearance that the judicial officer is a co-host of the donated event, and thus a feature of the event.

A judicial officer may assist in ways that do not promote attendance at the event or promote contributions. Therefore, the judicial officer is still allowed to donate to the event as long as their name or participation are not associated with the donated item.

Opinion 19-02

05/14/2019

 

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